CAT judgment on core issues in mobile termination rate dispute appeals

Resource type: Legal update: archive

Status: Law stated as at 20-May-2008

Jurisdiction: United Kingdom

On 20 May 2008, the Competition Appeal Tribunal (CAT) handed down its judgment on "core issues" in the appeals lodged under section 192 of the Communications Act 2003 by T-Mobile (UK) Limited (T-Mobile), British Telecommunications plc (BT), Hutchison 3G UK Limited (H3G), and Cable & Wireless and eight other communications providers against determinations issued by the Office of Communications (Ofcom) to resolve disputes about wholesale charges for mobile call termination. The CAT has ruled that the challenges are well founded in so far as they relate to the core issues (in particular, the alleged failure by Ofcom to take account of its regulatory obligations, misapplication by Ofcom of its regulatory role and other errors in determining the disputes).

The CAT has, in particular, found that Ofcom focused too much on the end-to-end connectivity obligation imposed on BT and that it failed to give due regard to its other statutory objectives. The judgment explains the CAT's view that dispute resolution is a regulatory function. The CAT has provided guidance on how Ofcom should approach the task of resolving disputes in future. The CAT now intends to proceed to determine the rates in dispute and to consider any non core issues which remain to be decided. It will then remit the decisions to Ofcom with directions.

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Resource information

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Resource ID: 7-381-7745
Law stated date: 20-May-2008
Products: PLC UK Competition Law, PLC UK IPIT & Communications

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Topics

CommunicationsCommunications (http://www.practicallaw.com/topic7-205-8953)
Special Sectors and Utilities: RegulationSpecial Sectors and Utilities: Regulation (http://www.practicallaw.com/topic3-103-1179)

Legal update: archive

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CAT publishes notices of appeal against Ofcom mobile termination rates determinations CAT publishes notices of appeal against Ofcom mobile termination rates determinations (http://ipandit.practicallaw.com/topic7-376-3479)
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CaseTracker

BT v Ofcom (termination rate dispute) BT v Ofcom (termination rate dispute) (http://ipandit.practicallaw.com/topic5-376-3531)
Cable & Wireless and others v Ofcom (termination rate dispute) Cable & Wireless and others v Ofcom (termination rate dispute) (http://ipandit.practicallaw.com/topic1-376-3528)
Hutchison 3G v Ofcom (termination rate dispute) Hutchison 3G v Ofcom (termination rate dispute) (http://ipandit.practicallaw.com/topic9-376-3529)
T-Mobile v Ofcom (termination rate dispute) T-Mobile v Ofcom (termination rate dispute) (http://ipandit.practicallaw.com/topic7-376-3530)

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